Category Archives: The New York Times

The New York Times (@NYTimes) publishes CORRUPT Dennis K. Burke, United States Attorney for the District of Arizona appointed by Barack Obama (@BarackObama Barack Hussein Obama) unauthorized disclosure of Operation Fast and Furious Avila memorandum to The New York Times

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Justice Department Accused of ‘Reckless Technique’
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New York Times (@NYTimes)

GINGER THOMPSON (@GingerThomp1)

June 14, 2011
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https://mobile.nytimes.com/2011/06/15/us/politics/15guns.html
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http://www.documentcloud.org/documents/204491-operation-fast-and-furious-draft-report.html#document/p52
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Fast and Furious Avila memorandum

Fast and Furious Avila memorandum
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Report of Investigation Concerning the Improper Disclosure of U.S. Department of Justice Information to a Member of the Media
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Office of the Inspector General

Oversight and Review Division

May 2013
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https://oig.justice.gov/reports/2013/s1305.pdf
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B. Unauthorized disclosure of Avila memorandum and the testimony of ATF special agents before Congress

On June 14, 2011, The New York Times published an article on its website about a joint report to be released that same day by the House Committee on Oversight and Government Reform and Senate Judiciary Committee about Operation Fast and Furious. 10
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10. The June 14, 2011, Joint Staff Report is entitled,

“The Department of Justice’s Operation Fast and Furious: Accounts of ATF Agents,”

and is available to the public at

http://oversight.house.gov/wp-content/uploads/2012/02/ATF_Report.pdf
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image

The article discussed an internal U.S. Attorney’s Office memorandum dated January 28, 2011, addressed to Burke from Assistant U.S. Attorney Hurley concerning Operation Fast and Furious suspect Jaime Avila (the Avila memorandum). 11
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11. Two firearms purchased by Avila on January 16, 2010, were recovered at the scene of the December 14, 2010, shooting death of Customs and Border Protection Agent Brian Terry
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The article also included a hyperlink to an image of the memorandum

We were advised by Department investigators that the Department had not produced the memorandum or made it available to Congressional investigators before it appeared on The New York Times website
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pg. 8
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On June 16, 2011, the day after the Congressional hearing, Deputy Attorney General James Cole contacted Burke by telephone to discuss the apparent unauthorized disclosure of the Avila memorandum that had appeared on The New York Times website on June 14

As described above, The New York Times article included a hyperlink to an image of the actual Avila memorandum

That image included a banner indicating the document had been transmitted by facsimile from the U.S. Attorney’s Office in Arizona:

Jun-14-2011 02:21 PM S Attys Office – Arizona 602-514-7683

The telephone number displayed in the banner is registered to the Arizona U.S. Attorney’s office

According to Department investigators, Cole informed Burke in their June 16th conversation that the matter was being referred to the Office of Professional Responsibility (OPR)

Cole asked Burke if he knew how the memorandum was obtained by The New York Times, and Burke told him that only five or six people had access to the document but that he, Burke, did not even know whether his office had a facsimile machine

Department investigators contacted Burke by telephone on June 24, 2011, to gather preliminary information regarding the leak

During that call, Burke stated that he might be able to obviate the need for an OPR investigation because as head of the U.S. Attorney’s Office he was ultimately responsible for the actions of his staff

Burke was asked whether he had authorized the release of the memorandum to The New York Times

According to Department investigators, Burke’s answer was not clear or unambiguous

Additionally, Department investigators told us that three days later, on June 27, 2011, Cole made a second telephone call to Burke about the disclosure of the Avila memorandum

Cole said that Burke confirmed he had accepted responsibility for the leak of the Avila
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13. Shortly after The New York Times published the story with the link to the Avila memorandum, the document originally linked to the story had been changed to redact the U.S. Attorney’s Office’s fax machine information stamped on the top of the pages of the memorandum
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pg. 10
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memorandum and acknowledged he had not been candid with Cole during their first conversation

Cole also reported that Burke said the Avila memorandum was provided to The New York Times by the press person in the U.S. Attorney’s Office, but that Burke could not say that it was his (Burke’s) idea

Cole also said he could not get a clear answer from Burke about whether he had authorized the release of the Avila memorandum or was simply accepting responsibility for it because he was the head of the office

Cole said that he believed Burke was being evasive during this portion of the conversation

Burke subsequently declined to answer further questions from the Department about this incident

Cole told the OIG that he placed the second telephone call to Burke after he learned that, contrary to what Burke indicated during the first telephone call, Burke was involved with the disclosure of the Avila memorandum

Cole said he called Burke

“to chastise him for

(a) lying to me and

(b) leaking . . .”

Cole also told us that he put Burke on notice that such disclosures should not occur. 14
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14. OPR completed its report of the results of its investigation of Burke’s involvement in the disclosure of the Avila memorandum on July 27, 2012

OPR concluded that Burke directed or authorized the Avila memorandum to be sent to The New York Times in violation of Department media relations rules, and committed misconduct

OPR also found that as a lawyer whose client was the Department, Burke violated Rules of Professional Conduct in Arizona and the District of Columbia when he failed to provide accurate information to and otherwise misled the Deputy Attorney General, and when he directed or authorized the disclosure of confidential information (the Avila memorandum) without his client’s consent

On October 23, 2012, the Chief of the Department’s Professional Misconduct Review Unit upheld all of OPR’s misconduct findings after considering Burke’s appeal

OPR subsequentially referred its findings to the Arizona and District of Columbia Bars
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